The Hon. Miss Justice Carole Barnaby (Ag.)

Reid, Kavin v Advantage General Insurance Company Limited and Administrator General for Jamaica heard with Kavin Reid v Advantage General et al

Civil Procedure - CPR 11.6 - CPR 20.4 - CPR 26.1(2)(v) – oral application to amend relief being sought on the Fixed Date Claim Forms being made at the hearing of the claims.
Civil Procedure - CPR 21.7 - CPR 21.8 - interpretation - whether rules applicable in the Parish Courts - court’s jurisdiction to appoint representative party or give directions to continue proceedings initiated in the Parish Court.
Law Reform (Miscellaneous Provisions) Act - section 2(1) - section 2(3) - limitation period - subsistence of actions in tort against estate of deceased.

Digital Auto Imports Limited v The Commissioner General of Tax Administration Jamaica

Appeal from the Revenue Appeals Division - General Consumption Tax Act - Income Tax Act - assessment raised by Commissioner General after tax payer filed returns - burden of proof.
Direct verification of Income and Output Tax - duty of taxpayer to keep and produce complete and accurate records - unreliability of sales invoices as the direct verification method of the taxpayer’s Income and Output Tax - unreliability of bank deposits alone as a method of verification of taxpayer’s Income and Output Tax.

Guthrie, Vincent v Guthrie, Dorretta May

Civil Procedure - CPR 26.3 - Application to Strike out Fixed Date Claim Form - Whether there was failure to comply with a rule or practice direction - Whether current claim is a re-litigation of an earlier claim and therefore an abuse of court process - Whether the absence of facts in the earlier claim is likely to obstruct the just disposal of current proceedings - 
Whether judgment on earlier claim is declaratory or executory - Procedure for enforcing declaratory judgment - Whether limitation period at CPR 46.2(1)(a) is applicable.

Taylor, Debbie-Ann v Allen, Cynthia and Allen, Lenar

Civil Procedure - Application to set aside judgment entered after statements of case struck out - Whether CPR 26.6 is applicable to a judgment entered by the court after non-compliance with an unless order for attendance at adjourned Case Management Conference - CPR 26.8 - Application for relief from sanctions - Whether application complete without filing of affidavit evidence - Effective date of making of application – Whether application for relief was promptly made.

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